The Divorce Process: Custody Attorneys and More

custody attorneys

Life is a series of continuous changes. Many times, situations arise that are out of one’s control, or completely unexpected. When circumstances change, often the way people feel about each other is challenged at the same time. And many times, relationships that were once happy and stable result in divorce. In the United States, in fact, divorce or separation happens in one out of two marriages.

In this situation, it is very important to find an attorney to take care of the divorce proceedings. Here is a look at some of the areas that divorce attorneys specialize in for clients who are in the process of getting a divorce.

Custody Attorneys

Custody attorneys specialize in matters of guardianship and child custody when parents are divorcing. It is important that custody attorneys be contacted for the arrangements that will be made for custody matters. These matters can be very extensive and involved and may include situations such as vacations, finances, support responsibilities, regularly scheduled visits, medical decisions, arrangements for special occasions, and more. These matters may also be extremely emotional, even volatile. At the time of a divorce, custody attorneys will also provide advice concerning plans that are being made for the future, to ensure that plans are being made for the long-term and for years to come. It is important to establish a relationship with custody attorneys that is longstanding, because as children grow older the matters that need to be discussed and arranged between parents may require reviews and updates.

Estate Planning Attorneys

Although it may not be pleasant to think about arrangements that will be put into place after one’s lifetime, it is a necessary responsibility of adulthood. This is particularly important when children are involved and part of the family. Estate planning attorneys will be of great assistance to a couple that is divorcing. There will be many steps involved in updating an estate plan in the event of a divorce. For instance, wills may have to be revised. Power of attorney may have to be reassigned. Determinations will have to be made concerning what will happen to any children that may be in the family in case one or both parents experiences is an emergency, an accident, or a fatality. Making sure that these details are taken care of will avoid having your estate tied up in court for years. This is one way to ensure that any children who are involved will be well provided for.

Bankruptcy Attorneys

There’s a familiar saying that states something to the effect that it’s always a good rule in life to be one step ahead. And that saying applies particularly well to personal finances. Protecting oneself and one’s finances is a primary responsibility for every mature adult, particularly if children are involved in their lives. In the case of a divorce, which is an expensive process, it is essential to have an emergency fund to rely on. Having a consultation with a bankruptcy attorney does not mean that bankruptcy will be the route that is followed, necessarily. But information and knowledge are always helpful, and making sure that the financial picture is clear is ultra-important when children are involved. Custody attorneys will appreciate the opinion of bankruptcy attorneys, as it will help provide the complete picture of the individual’s situation.

Going through a divorce is never easy, but there are a few things that can make the path smoother. Doing thorough research, taking good notes, and staying calm are all great tips. But most of all, if you’re looking for custody attorneys, make sure that you have a good, open relationship filled with honesty and trust. This will help make the process less stressful and when a resolution is reached you will be able to move on without any second thoughts.

The Critical Questions To Ask You Custody Attorney

custody attorney

When it comes to the matter of child custody after the dissolution of a union, you want the best child custody parent possible. According to data, most custodial parents – over 50%– had one child. You want to have a game plan for obtaining the outcome that you desire when it comes to custody. Let’s examine some of the critical questions you want to ask your custody attorney before you retain legal representation.

What’s The Difference Between Legal Custody and Physical Custody?

When it comes to the matter of hiring a custody attorney, you want to ask the difference between legal and physical custody. You also want to understand how each will affect your situation. Once you obtain legal custody of your child, you are enabled to make the best decisions on behalf of your child. With physical custody, the child will live in your home. Parents can have legal custody of a child, even if the parent does not have physical custody. Once you have complete knowledge of the various kinds of custody, you can decide what’s best for you as well as the minor involved.

What Custody Laws Are Applicable In My State?

When it comes to the matter of custody, you want to custody attorney who is well versed in the laws of your state. Your custody attorney should have a thorough knowledge of your state’s laws and how they will work for your custody matter. Your attorney should also be able to translate the laws into a shape and form that you are able to easily understand. Should there be any changes that you have to make, your custody attorney should be the individual who can assist with acuteness and professionalism.

What Information Do You Need?

Another critical question that you want to ask your custody attorney is the information they will need for your custody case. When you know what documents and information you need, you are better equipped to obtain the outcome that you want. Your custody attorney should be able to provide you with a list of the items that are needed for your custody case.

What is Your Philosophy When It Comes To Working With Other Legal Professionals?

When choosing a custody attorney, you want one who works well with others. For example, you may hire a custody attorney, who may have to confer with your divorce attorney or even your estate planning lawyer. A parent always has the best interests of their child during a custody situation. In fact, parents want the interests of the child protected at all times. Parents also want the child provided for, in the event of demise or death. Choosing a custody attorney who works well with others in the legal profession and beyond is a huge asset.

Contact Your North Dakota Custody Attorney Group Today

For your custody attorney needs, your custody attorney group of Bismarck, ND is ready to assist. With a thorough knowledge of North Dakota laws, you can be assured of exquisite representation of your custody matter.

Our firm also has the most astute bankruptcy attorneys, estate planning attorneys, and more. Put an end to the confusion, anger, resentment, and misunderstandings regarding your custody case. Contact your North Dakota custody attorney group today and let’s bring about the outcome you desire and deserve.

Ways That a Child Custody Attorney Can Help You

When you’re looking to address child custody issues, strong, knowledgeable, and skilled legal support can help to improve your case while protecting your rights and interests. Child custody naturally triggers confusion, ill-executed communication, misunderstandings, and strong emotions. Disputes between parents and other parties are not only commonplace but can hinder an interested party’s chances of receiving the desired outcome. Let’s explore how custody lawyers can help with your child custody case.

Information About Parental Rights

One way that custody lawyers can help with your child custody case is by providing you with current and detailed information about parental rights. Your custody attorneys are well versed in the laws that help to govern your state. They stay abreast of any changes in laws as well as parental rights. While you may be unfamiliar with the applicable laws, your Bismarck, ND custody lawyers aren’t. They can provide you with the most accurate and precise information about physical custody, legal custody, and more. You’ll have a sound framework, knowledge base, and understanding of North Dakota’s custody laws. The more you know, the better your case will be.

Child Support Payments

In the aftermath of a divorce, a divorce attorney for the opposite party may have spearheaded a plan of payments that you must make. Perhaps you have some questions or issues regarding those child support payments. Your North Dakota custody lawyers will examine all aspects of your case, ensuring that the child support payments you’ve been ordered to make are fair and accurate.

While the state of North Dakota has certain guidelines that determine what’s owed to a child, your Bismarck custody lawyers may be able to help you reduce your payments. With your North Dakota custody lawyer team by your side, you may be able to achieve a better and more suitable outcome. Legal representation will also be paramount should you qualify for an income adjustment or you have to expose hidden income from opposing parties.

Sound Legal Strategy

In over 50% of custody decisions, both parents come to an agreement that the mother should become the custodial parent. However, this may not be how you feel in regard to your particular custody case. You, as a guardian, grandparent, foster parent, father, or other party involved in the welfare of the child, may feel that you should be awarded custody instead of the mother. You can share your reasons with your North Dakota custody lawyers.

You may be able to provide a sound argument as to why you should be awarded custody. Your Bismarck legal team will be able to devise the best legal strategy to help you win custody. Your North Dakota team will examine all of the circumstances surrounding your case, prepare, and provide the strongest custody petition with supportive evidence that helps to demonstrate how your request aligns with the best interests of the minor child.

Coordination of Your Case With Professionals

Did you know that outside professionals may be key in helping to provide your desired outcome in your child custody case? Thanks to the perseverance, expertise, knowledge, and understanding that your North Dakota custody lawyers have, they can call on and work with outside professionals to strengthen your case. This can help you achieve the outcome you want and deserve. While your lawyer works to protect your interests, there may be testimony from an investigator or even a child psychologist that helps you obtain the custody that you desire.

Contact Your Bismarck, ND Custody Lawyers

Navigating through a child custody case can be stressful, confusing, and even intimidating. Your North Dakota custody lawyers have the experience to effectively represent you in your child custody case. With careful analysis of all of the facts, you’ll have a case that will result in the child having a loving and stable home.

Your North Dakota attorney team also specializes in estate planning, divorce, criminal defense, bankruptcy, business and nonprofits, and more. For the help you need for your child custody case, eliminate the confusion, sleepless nights, and uncertainty with one phone call to your North Dakota custody lawyers. You have rights, and your Bismarck attorney team will ensure that they are protected.

Bankruptcy Attorneys’ Insight About the Best Time to File for Divorce and Bankruptcy

bankruptcy attorneys

Despite the conventional belief that the divorce rates are declining, the divorce rate in the United States is at an all-time high. Statistics show 50% of all marriages in the country end in separation or divorce. With divorce can come bankruptcy — most people filing for bankruptcy cite divorce as the primary reason for filing. There’s the cost of hiring a divorce attorney, renting a new apartment, court expenses, mortgage payments, the loss of economic efficiencies of being married, among others.

Knowing the right time to file bankruptcy and divorce is critical. It’s commonplace for partners to file bankruptcy before getting a divorce as it speeds up the divorce process. However, couples are not restricted to adhere to specific protocols. Enlisting the help of bankruptcy attorneys should help you determine the best time to file either of the proceedings depending on your circumstances. Here’s an overview of their implications.

Filing for Bankruptcy and Divorce at the Same Time?

Any bankruptcy attorney Bismarck ND trusts will recommend filing bankruptcy before going through a divorce. This is because once you file for bankruptcy for chapters 7 and 13, the court declares an ‘automatic stay.’ The order stops creditors from pursuing debts and freezes your property and assets to allow the bankruptcy court to start sorting out your assets and debt.

Since the hold is effective throughout the bankruptcy process it drags divorce proceedings if filed at the same time. A large part of the divorce process entails dividing assets between spouses. As such, with an automatic stay in place, it’s nearly impossible for the court to access or divide the assets.

Filing Bankruptcy First

You and your spouse can agree to file bankruptcy first. The idea is to allow the partners to share the filing fees and the cost of hiring a bankruptcy lawyer. Filing for bankruptcy before divorce also protects partners from paying a joint debt which is beneficial if the partners own property together.

Filing for Divorce First

This option is ideal if the spouses’ cumulative income is too high to qualify for Chapter 7 Bankruptcy. Once divorced the spouses can file for bankruptcy individually as their separate incomes may pass the means test. Proper planning also helps remove some assets from the bankruptcy attorneys’ custody. For example, if one of the partners was awarded a house after a divorce, proper title transfer and judgment should protect them from creditors. While at it be sure to follow the right legal process because a bankruptcy trustee can undo illegal transfers using clawback procedures.

Making a Joint Petition

If you’ve decided to file bankruptcy before getting divorced it’d make more sense if you submitted a joint petition. This means the divorcing couple agrees to file bankruptcy together saving them the cost associated with filing individually. Also, the bankruptcy charge eliminates any qualifying debt the couple may have, thereby reducing the issues to be handled during divorce proceedings.

In addition, some jurisdictions allow double exemptions on the assets. Since exemption laws vary from one district to another, it’s crucial to consult a bankruptcy attorney to help you weigh your options. If one of the spouses needs bankruptcy protection urgently, they should approach bankruptcy attorneys and file the petition.

How to File for Bankruptcy

Many bankruptcy lawyers recommend making a petition under Chapter 7 bankruptcy. This is a liquidation bankruptcy for getting rid of unsecured debts like medical bills and credit card debt. Also, Chapter 7 bankruptcy filing eliminates dischargeable debt within 3-6 months allowing spouses to file divorce sooner. By comparison, Chapter 13 provides a 3-5-year payment plan instead of discharging debt dragging the divorce process longer.

There’s a caveat to filing bankruptcy under Chapter 7- the spouses’ incomes should be lower than the state’s median income (stipulated in Chapter 7 Bankruptcy Means Test ). If their incomes are higher, the spouses must wait to file for bankruptcy after divorce. However, if the spouses have separated and are living apart and one of them files for bankruptcy, they can deduct household expenses for both apartments to reduce income.

Now you know the best time to file for bankruptcy and divorce. It’s essential to consult bankruptcy attorneys throughout the process as it can get incredibly complicated.

Benefits of Engaging Estate Planning Lawyers When Drafting a Will

estate planning lawyers

Drafting and updating estate planning documents like the will, health care directives, and trusts is important to ensure your wishes are honored when you die. Research shows 71.6% of Americans die without updating the will leaving their families in unending wrangles. While digital platforms help update one’s will at a low cost, estate planning lawyers still play a critical role. Not only do they help prepare and update this legal document but also execute it upon your demise. Here are more reasons you should engage an estate planning lawyer Bismarck ND.

State Laws Rule Estate Plans

State laws outline what can be included in a will, who can act as a personal representative, the lawyer’s financial power, among other crucial legal factors. For example, Florida state laws require the personal representative to be related to the testator by marriage or blood; if not, a state resident. Many testators are oblivious of this fact and appoint friends and relatives living out of the state to act in this capacity. Engaging estate planning lawyers will help avoid such mistakes.

To Protect Beneficiaries

A while ago, estate planning was popular among wealthy folks. However, the trend has changed as more middle-class families find it important to plan for when their primary breadwinner dies. Even if you’re only leaving a second home, you need to decide who receives the property upon death.

The primary objective of estate planning is to designate heirs for your assets. Without an estate plan, the court will be required to decide who inherits your assets on your behalf. The process can be grueling to your family, not to mention the number of fees racked up.

Enlisting the help of an estate planning lawyer beforehand protects your family from all such problems. The lawyer also helps distribute the property fairly as they are more acquainted with the family.

Update Legal Documents When Necessary

Wills need to be updated to reflect changes in your financial status. If the documents are ready, estate planning lawyers review them carefully to determine areas that need to be updated. Some wills need a simple codicil while others require a thorough re-evaluation to reduce estate taxes or avoid probate.

Ensure the Document Complies with the Existing Law

Enlisting the help of an estate planning attorney ensures your documents are drafted according to the current state law. Trust laws change from time to time, hence working with a lawyer ensures your plan fits the parameter of the state law.

Documents are Drafted and Executed Professionally

While online wills or fill-in-the-blank provide a quick fix to hiring an estate planner to draft the will, they may not have the legal backing. The platform only provides information on how to make the document valid.

One of the features that make a will valid is witnesses; online templates can’t account for their presence. In addition, the witnesses need to attest that they saw other witnesses sign. Estate planning attorneys help draft the document professionally and customize it to specific situations and goals. Also, they help make the documents official, arrange for witnesses, and notarize public signatures.

Get Legal Advice Regarding Asset Titling

A common misconception about wills is that they cover all your assets automatically. On the contrary, some types of beneficiary designations on assets like life insurance are inherited independently unless you take steps to make them work together.

Engaging estate planning lawyers should help you review the assets, retitle the accounts and property, and change the beneficiary designations. This often-overlooked step helps avoid the time-consuming probate proceedings upon the death of the testator.

Deal with Complex Family Situations

Estate planning is not always smooth sailing in the event of certain complex family situations like:

  • The testator is in a second marriage
  • You have more than one business
  • You want to donate all or some of your property to charity
  • You have property in more than one state
  • You have substantial assets in IRAs and 401(k)s

All such situations can’t be addressed by drafting a will via online platforms. The testator should consider enlisting the help of a lawyer to address the complexities of the situation. Otherwise, the state’s department of revenue and the probate lawyer may receive the largest chunk of the estate.